The Plaintiffs, Warner Bros. Entertainment Inc., Amazon Content Services LLC, Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Netflix US, LLC, Paramount Pictures Corporation, Universal City Studios Productions LLP, and Apple Video Programming LLC. alleged that they have faced infringement of their copyrighted content by the Defendants, Doodstream.com, doodstream.co, dood.stream & their other cognate websites (servers) through hosting, disseminating, uploading and streaming of the Content at their rogue websites.
The plaintiffs assert that the defendants operate “rogue cyberlocker websites” specifically designed to facilitate the unauthorized hosting, uploading, storing, sharing, streaming, and downloading of copyrighted content. These websites allegedly infringe upon the intellectual property rights of the plaintiffs. Furthermore, the nature of the Content illegally uploaded by these cyberlocker websites includes adult material accessible by the means of ‘pay per view’ options, which could also be accessible to minors.
Warner Bros. et al. v. Doodstream.com et al.: Key Issues and Orders copyright infringement on cyberlocker website
The case reached the Delhi High Court on March 18, 2024. The Plaintiffs successfully presented evidence demonstrating that a significant portion of the content uploaded by the Defendants, including a substantial amount of adult material (37% out of a sample of 500 non-adult links), infringed on their copyrights.
In response to these findings, the Court issued a series of directives aimed at curbing the infringing activity: copyright infringement on cyberlocker website
Takedown Order: The Defendants were required to remove all infringing links from their website within a strict 24-hour timeframe.
Feature Disabling: The Court ordered the Defendants to disable functionalities that facilitated the regeneration of infringing links and the re-uploading of copyrighted content. This included removing the “generate link” and “disable download link (protected option)” features.
Financial Transparency: The Defendants were obligated to produce a revenue chart, verified by a chartered accountant, detailing their earnings generated during the period they streamed the infringing content.
Monitoring and Access: To ensure compliance with the takedown and disablement orders, the Plaintiffs were granted permission to monitor the Defendants’ websites. This included the ability to utilize the websites’ global search feature to verify the removal of infringing content.
While the Defendants initially indicated their willingness to comply with the Court’s orders on March 18, 2024, concerns regarding their adherence arose later.
- A list of 1512 links were presented by the Plaintiff’s that were still operative and infringing their copyright.
- Some links were randomly selected by the court and were found to be illegal and infringing the copyright.
- The Defendants claimed that they were working to take down the approximately 5 lakhs infringing links as quickly as possible.
The case was then listed on 25th April 2024, where the matter was adjourned due to a bereavement in the family of the Defendants. The court directed the defendants to shut down the ‘download link’ and ‘embedded code’ function from the website. In counter to the same, the Defendants argued that doing so would effectively shut down the website entirely and stated that they were working to change the architecture of the website.
The case has now been listed on 18th September 2024 for further proceedings regarding the compliance of the Defendants.
Plaintiffs: Warner Bros., Entertainment Inc. & Ors.
The Plaintiffs contend that these rogue cyberlocker websites, inter alia defendant nos. 1 to 3, have created platforms allowing users to sign in and create their own dashboard through which they are permitted to upload content. The said content then becomes part of a ‘library of content’ accessible globally through search features. The primary issue is related to ‘the nature of content uploaded by such users’, which Plaintiffs assert that it includes a massive amount of infringing content, to which they hold exclusive rights.. Evidence supporting this claim has been filed and placed on record along with the plaintiffs’ documents.
The Counsel for plaintiffs stated that they first approached the defendants in June, 2023 after discovering the identities of the individuals operating these websites, who happened to be based in Coimbatore, Tamil Nadu, India, arrayed as defendant nos. 5 and 6. This, according to plaintiffs’ counsel, was achieved after some effort since the WHOIS details of defendant nos. 1 to 3 were masked.
Additionally, a previous order by the Judicial Tribunal in Paris, in the case National Federation of Film Publishers & Ors. v. S.A. Societe Francaise Du Radiotelephone – SFR, No. RG 23/06569, Portalis no. 352J-W-B7H-CZ3Z2,decision dated 6th July, 2023, directed internet service providers to block access to said defendants’ websites in the territory of France.
The Plaintiffs also listed links to the infringing content and noted that the Defendants’ website had embedded a new feature for the regeneration of links that can be disseminated. Thus, as per counsel for plaintiffs, the takedown itself was elusive and of no effect, since the system immediately permitted generation of a new link. This situation, according to the plaintiffs’ counsel, turned the problem into a “hydra-headed monster”, making it difficult to control solely through takedown measures.
Defendants: Doodstream.com & Ors. copyright infringement on cyberlocker website
The defendants assert that the parameters and guidelines delineated by the Court in UTV Software Communication Ltd. & Ors. v. 1337x.to and Ors., 2019:DHC:2047 should be applied to assess whether the websites are Flagrantly Infringing Online Locations (‘FIOLs’).
In response to the insistence of Mr. Rajagopal, representing the plaintiffs, regarding complete blocking of the domains and/or appointment of a Local Commissioner to take over administration of said websites, Mr. K. S. Elangovan and Mr. Venkatesh Mohanraj, representing defendant nos. 1-3, 5 & 6, stated on instructions that these defendants are prepared to comply with complete takedown in its entirety of plaintiffs’ infringed material exhaustively and completely from their platforms.
Takedown Orders and Website Monitoring copyright infingement on cyberlocker website
18th March 2024 :-
Justice Anish Dayal directed rogue cyberlocker websites to take down all listings of copyrighted contents of Plaintiffs 1 to 8, i.e., Warner Bros. Entertainment Inc.; Amazon Content Services LLC; Columbia Pictures Industries, Inc.; Disney Enterprises, Inc.; Netflix US, LLC; Paramount Pictures Corporation; Universal City Studios Productions LLP; and Apple Video Programming LLC.
The court also directed to disable all features which allowed regeneration of links and reuploading of infringing content post takedown inter alia the following features – removal of the “generate link” and “disable download link (protected option)” tabs. The court directed the defendants to present a revenue generated by these websites duly certified by a Chartered Accountant from the time of launch of said websites till date; same shall be filed along with replies to present application.
The court granted the Plaintiffs the right to monitor the takedown of their infringing listings which they had communicated in the past and will communicate hereinafter, to the defendants. For this purpose of monitoring, plaintiffs’ investigator’s account bearing [Username: skullshot123; Email ID: skullshot13@gmail.com] shall be made active on defendants platforms so that they are allowed to be monitored by plaintiffs. All aspects including ‘global search feature’ access will continue to remain active with plaintiffs’ investigator and will not be disabled by defendant.
15th May 2024 :-
The Court directed that Defendants nos. 5 and 6, and all those acting for/on their behalf, are restrained from operating the website Doodstream.com directly or indirectly. Defendant no.5 and 6 and all those acting for/on their behalf are also restrained from using any other similar platform to make accessible content which is infringing of the plaintiffs’ proprietary rights and uploading, posting, screening, distributing, or making available to the public through/in any manner whatsoever, the cinematographic work/ content/ programme/ shows in relation to which the plaintiffs have copyright.
The court also stated that the Defendants are at liberty to approach the court for modification of the order as and when such changes take place and are acceptable to this Court. Accordingly the case has now been listed on 18th September 2024 for further proceedings.
